Explanation
Council Variance Application: CV24-088
APPLICANT: 110 Commons, LLC c/o Dave Perry; 411 E Town Street, Floor 1, Columbus, OH 43215; and Donald Plank, Atty.; Plank Law Firm; 411 East Town Street, 2nd Floor; Columbus, OH 43215 .
PROPOSED USE: Apartment building.
UNIVERSITY AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of one parcel developed with a 14-unit dwelling, in the R-2F, Residential District. Ordinance #2752-2020 (Council Variance CV20-086), passed December 7, 2020, allowed a new six-unit apartment building on the property, but that project never came to fruition. The applicant requests this Council Variance to allow a new 19-unit apartment building. A Council variance is required as the R-2F district allows a maximum of two dwelling units per building. Variances to vision clearance, lot coverage, building lines, floor area ratio, landscaped area, rear yard, and required parking spaces are also included in this request. The site is subject to the University District Planning Overlay (UDZO), and is within the planning boundaries of the University District Plan (2015), which recommends “Medium Intensity Residential” land uses at this location. Staff notes this proposal is consistent with that land use recommendation, and that CV20-086 was previously supported and allowed a total of 20 apartment units. Additionally, the Plan states that a variety of housing unit types and sizes be provided in the residential portions of mixed-use developments, and recommends any design of new construction to be compatible with nearby contributing buildings and the surrounding streetscape. Staff is supportive of the site plan as it is consistent with the University District Plan’s design guidelines. Staff notes the addition of street trees along West Oakland Avenue help to mitigate the loss of rear yard space, and that the proposal is consistent with the City’s goal of creating more housing.
Title
To grant a Variance from the provisions of Sections 3332.037, R-2F Residential District; 3312.49, Required parking; 3312.57, EV parking minimum requirements effective January 1, 2024; 3321.05(A)(B)(2), Vision clearance; 3325.801, Maximum Lot Coverage; 3325.803(A), Building Lines; 3325.805, Maximum Floor Area Ratio (FAR); 3325.809, Landscaped Area and Treatment; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 100 W. OAKLAND AVE. (43201), to allow an apartment building with reduced development standards in the R-2F, Residential District, and to repeal Ordinance #2752-2020 (CV20-086), passed on December 7, 2020 (Council Variance #CV24-088).
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WHEREAS, by application #CV24-088, the owner of the property at 100 W. OAKLAND AVE. (43201), is requesting a Variance to allow an apartment building with reduced development standards in the R-2F, Residential District; and
WHEREAS, Section 3332.037, R-2F, residential district, allows single or two-unit dwellings, while the applicant proposes a 19-unit apartment building, as shown on the submitted site plan; and
WHEREAS, Section 3312.49, Required parking, requires 1.5 parking spaces per dwelling unit for a total of 29 parking spaces for 19 dwelling units, while the applicant proposes a total of 18 parking spaces; and
WHEREAS, Section 3312.57, EV parking minimum requirements effective January 1, 2024, requires a minimum of five EV parking spaces, while the applicant proposes to provide three EV surface parking spaces due to Division of Fire requirements on the location of EV parking spaces within parking structures; and
WHEREAS, Section 3321.05(A)(B), Vision clearance, requires clear vision triangles of 10 feet at the intersection of a driveway and the street right-of-way along Williams Street, and clear vision triangles of 30 feet at the intersection of Williams Street and West Oakland Avenue, while the applicant proposes reduced clear vision triangles of one foot for the parking garage driveway intersection with Williams Street, and of 16 feet at the intersection of Williams Street and West Oakland Avenue; and
WHEREAS, Section 3325.801, Maximum Lot Coverage, requires that a building including any rear or side porch or roofed stairs shall cover no more than 25 percent of the lot area, while the applicant proposes an increased lot coverage of 60 percent; and
WHEREAS, Section 3325.803(A), Building Lines, requires the minimum distance from any building to the street-right-of-line where a building is to be erected or extended on the subject lot and there are other buildings within the block, to be established by averaging the setbacks of the nearest building on each side of the subject lot, or 10 feet, while the applicant proposes a one foot building setback along Williams Street; and
WHEREAS, Section 3325.805, Maximum Floor Area Ratio (FAR), requires that the maximum total calculated floor area permitted on any lot shall be no greater than that determined by a 0.40 FAR, while the applicant proposes an increased FAR of 1.11; and
WHEREAS, Section 3325.809, Landscaped Area and Treatment, requires at least 10 percent of the lot area be planted and maintained with grass and/or other live vegetation and be located behind the most rear portion of the principal residential building, while the applicant proposes a reduced landscaped area of three percent; and
WHEREAS, 3332.25, Maximum side yards required, requires that the sum of the widths of the side yards equal or exceed 20 percent of the width of the lot, or 16 feet for a lot width of 80 feet, while the applicant proposes a reduced maximum side yard of six feet; and
WHEREAS, Section 3332.26, Minimum side yard permitted, requires a side yard of no less than five feet, while the applicant proposes side yards of one foot along the east property line and of two feet for the dumpster at the northwest corner of the site; and
WHEREAS, Section 3332.27, Rear yard, requires a rear yard totaling no less than 25 percent of the lot area for each dwelling, while the applicant proposes a reduced rear yard of approximately 12 percent; and
WHEREAS, the University Area Commission recommends Approval; and
WHEREAS, City Departments recommend approval because the proposal is consistent with the University District Plan recommended uses and design guidelines. Staff also notes the proposal is consistent with the City’s goal of creating more housing; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed apartment building; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 100 W. OAKLAND AVE. (43201), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance is hereby granted from the provisions of Sections 3332.037, R-2F Residential District; 3312.49, Required parking; 3312.57, EV parking minimum requirements effective January 1, 2024; 3321.05(A)(B)(2), Vision clearance; 3325.801, Maximum Lot Coverage; 3325.803(A), Building Lines; 3325.805, Maximum Floor Area Ratio (FAR); 3325.809, Landscaped Area and Treatment; 3332.25, Maximum side yards required; 3332.26, Minimum side yard permitted; and 3332.27, Rear yard, of the Columbus City Codes; for the property located at 100 W. OAKLAND AVE. (43201), insofar as said sections prohibit a 19-unit apartment building in the R-2F, Residential District; with a reduction in the number of required parking spaces from 29 to 18 spaces; a reduction in the number of required EV parking spaces from five to three spaces; reduced clear vision triangles at the parking garage entrance along Williams Street from 10 feet to one foot, and at the intersection of Williams Street and W. Oakland Avenue from 30 feet to 16 feet; increased maximum lot coverage from 25 percent to 60 percent; reduced building setback from 10 feet to one foot along Williams Street; increased maximum floor area ratio (FAR) from 0.40 to 1.11; reduced landscaped lot area behind the most rear portion of the principle building from 10 percent to three percent; a reduced total side yard from 16 feet to six feet; reduced side yards from five feet to one foot along the east property line, and to two feet for the dumpster; and a reduction in the rear yard from 25 percent of the lot area to 12 percent; said property being more particularly described as follows:
100 W. OAKLAND AVE. (43201), being 0.30± acres located at the northwest corner of West Oakland Avenue and Williams Street, and being more particularly described as follows:
Situated in the City of Columbus, County of Franklin and in the State of Ohio:
Being Lots Numbered Seventy-four (74), Seventy-five (75) and Seventy-six (76) of GEORGE WILLIAMS, JR.’S, AUBURN ADDITION to the City of Columbus, Ohio, as shown on the plat thereof, recorded in Plat Book No. 3, page 322, Recorder’s Office, Franklin County, Ohio.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a 19-unit apartment building, in accordance with the submitted site plan, or those uses allowed in the R-2F, Residential District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "ZONING SITE PLAN”, dated November 15, 2024, and signed by David Perry, Agent for the applicant, and Donald Plank, Attorney for the applicant. The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the plan shall be subject to review and approval by the Director of the Department Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed apartment building.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 6. That Ordinance #2752-2020 (CV20-086), passed December 7, 2020, be and is hereby repealed